(Download) "Allied Pools v. Robert and Shirley Sowash" by Western District Court of Appeals of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: Allied Pools v. Robert and Shirley Sowash
- Author : Western District Court of Appeals of Missouri
- Release Date : January 04, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Plaintiff-respondent, Allied Pools, Inc., constructed a swimming pool for defendants Robert and Shirley Sowash in the backyard of their residence. Allied was never fully paid for its services, and therefore filed a mechanic's lien statement on September 12, 1984. Allied filed suit to enforce its mechanic's lien on March 4, 1985, naming as defendants, Robert and Shirley Sowash, owners, Lakey Custom Building, Inc., claimant of a mechanic's lien, and Paul Degenhardt, trustee, and First National Bank of Gladstone, cestui que trust, under a deed of trust. Prior to trial, Lakey settled its cross-claim against the Sowashes with First National and Paul Degenhardt. Allied received a mechanic's lien judgment against Robert and Shirley Sowash for $19,154.85 plus interest, which the trial court found to be superior to the deed of trust held by First National. First National and Paul Degenhardt appeal, stating that the trial court erred in denying their motion to dismiss Count I because Allied failed to meet the statutory requirements for a mechanic's lien judgment pursuant to Chapter 429 of the Missouri Revised Statutes. In their second point, appellants claim that the trial court erred in awarding attorney's fees to plaintiff as a part of the mechanic's lien judgment. The judgment of the trial court is reversed and remanded for further proceedings consistent with this opinion.